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COMMISSIONER OF INTERNAL REVENUE v. GREENSPUN

No. 11322.

156 F.2d 917 (1946)

COMMISSIONER OF INTERNAL REVENUE v. GREENSPUN. GREENSPUN v. COMMISSIONER OF INTERNAL REVENUE. PARKER-BROWNE CO. v. SAME.

Circuit Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing August 22, 1946.

Attorney(s) appearing for the Case

Douglas W. McGregor, Asst. Atty. Gen., Melva M. Graney, Sewall Key, J. Louis Monarch, and L. W. Post, Sp. Assts. to Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John W. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for Commissioner of Internal Revenue.

Wm. A. Blakley and Hoyet A. Armstrong, both of Dallas, Tex., for the taxpayers.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

These three appeals, one by the commissioner and one by each taxpayer, involve income taxes of M. Greenspun and excess profits and surtaxes of Parker-Browne Company, his solely owned corporation, for the years 1938, 1939 and 1940. They present four questions for our decision. Coming up on a record which tells a tale of family trusts and family corporations, and of Greenspun as the genius evoking and dominating them all, their proper answer...

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